Section 138 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 138 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 138: Accomplice
Provision:
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.(aaptaxlaw.com)
🧾 Explanation:
Section 138 of the BSA, 2023, addresses the admissibility and weight of testimony provided by an accomplice in criminal proceedings.
Competence of Accomplice as a Witness: An accomplice—someone who has participated in the commission of the offense—is legally competent to testify against the accused.
Conviction Based on Corroborated Testimony: A conviction can be based on the testimony of an accomplice, provided it is corroborated by other independent evidence. This ensures that the accomplice's testimony is reliable and not solely relied upon.
⚖️ Legal Precedent:
This provision aligns with the principle that while an accomplice's testimony is admissible, it should be treated with caution and requires corroboration to prevent wrongful convictions based solely on potentially self-serving statements.
🧑⚖️ Example:
In a case where two individuals, Ravi and Suresh, plan and execute a robbery together, and Ravi is apprehended while Suresh escapes:(kanoongpt.in)
Ravi's Testimony: Ravi, as an accomplice, provides testimony against Suresh.(kanoongpt.in)
Corroborative Evidence: The prosecution presents additional evidence, such as forensic analysis or eyewitness accounts, that supports Ravi's testimony.(kanoongpt.in)
Court's Evaluation: The court considers Ravi's testimony alongside the corroborative evidence to determine Suresh's guilt.(kanoongpt.in)
In this scenario, under Section 138, Ravi's testimony is admissible, and a conviction can be secured if it is corroborated by independent evidence.
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